Indiana Prenuptial Agreement Form

It does not matter if you fully trust your partner. Unfortunately, your marriage may eventually end up on the rocks or irreconcilable disagreement. Therefore, couples create specific legal forms to regulate their marital and post-marriage relationships, like the Indiana prenuptial agreement form (also called a prenup, premarital agreement, marriage agreement, and so on).

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According to various worldwide statistics, you can find the top-10 states regarding divorces in the United States. Among the typical reasons are financial problems and differences, cheating, physical or psychological abuse, and a lack of interest between partners.

While you cannot fix most of the listed problems, you can at least try to avoid arguments about your finances. That is where the prenuptial agreement comes in handy.

Such a prenup agreement template should be signed before marriage. They regulate:

  • Funds that each party owns before the marriage
  • Mutual assets acquired during the matrimony
  • Debts (mutual and separate)
  • Ways of sharing properties during the marriage and when the marriage terminates
  • Ownership of business
  • Taxes (whether they are joint or separate)
  • Household expenses

In the agreement, the couple also indicates what happens if one of them becomes disabled or dies.

The topics described above are commonly used to create these agreements in all American states, not just in Indiana. Pay attention that we have not mentioned children’s support among the issues covered in the agreements. Such matters are regulated in court if you go for a divorce; you cannot establish the rules regarding your kids by prenuptial agreements.

Although it is not mandatory to create a prenup agreement before the wedding, many engaged people consider it good practice today. It is a smart move, especially if the difference between partners’ assets is vast.

Some people get married for fraud, knowing that a divorce may bring various properties to them from another partner. If this is the case, prenuptial agreements are a traditional tool to shield the wealthy party.

There is a standard structure used in such agreements in the US:

1. Basic characteristics of the future marriage

Here, the parties introduce themselves and insert the date of their planned marriage.

2. Agreement conditions

Both partners talk all the conditions through and include them in the agreement. This is the central part of the form.

3. Signatures

Depending on the state where the agreement is signed, besides both partners’ signatures, you may need notarization or witnesses’ signatures as well.

If you and your partner have decided to sign such a document, remember that your opinion on some issues may be different. It is crucial to listen to each other and carefully discuss all matters to avoid trouble and a massive fight. Bear in mind that you should be careful and respect your partner in the first place.

When you and your future spouse have discussed all possible topics, formulated the basic rules, and made an agreement draft, you need the correct template to fill out and sign. Use our form-building software to obtain and complete the proper Indiana prenuptial agreement form.

As it usually happens, all US states offer their own legislation on various topics, and the provisions may be different. Below are the crucial features of the agreements by law and the relevant regulations in Indiana.


Indiana Prenup Laws and Requirements

One who plans to get married and needs to create a prenup agreement in Indiana should check the provisions included in Article 11, Title 31 of the Indiana Code.

Prenuptial agreements in Indiana are usually called premarital. Chapter 3 of the mentioned article outlines the topic.

Signing Requirements

By Section 31-11-3-4, you and your partner should both sign the premarital agreement, it should be in writing, and there is no need to notarize or witness the form.

Enforceability

Section 31-11-3-6 makes all such agreements effective in the state right after the signatories have been married. Section 31-11-3-7 requires the add-on to the agreement signed by both parties if the partners want to make corrections or cancel the contract.

Some agreements are not considered enforceable; Section 31-11-3-8 describes these cases. If the document is signed involuntarily or the document’s content is unclear, the document becomes unenforceable.

Court Refusal

If the contract is unconscionable or contradicts the law, the court may refuse to consider it.

What Prenups Can Cover

Parties’ rights that you can describe in the agreement in Indiana are enumerated in Section 31-11-3-5. All of them are tied to estate and finances. This section also emphasizes the impossibility of including provisions governing the children’s support in such agreements.

Published: Feb 23, 2021